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- The RTI Laws were first successfully enacted by the state governments of — Tamil Nadu (1997), Goa (1997), Rajasthan (2000), Karnataka (2000), Delhi (2001), Maharashtra (2002), Assam (2002), Madhya Pradesh (2003), and Jammu and Kashmir (2004).
- The Maharashtra and Delhi State level enactments are considered to have been the most widely used.
- The Delhi RTI Act is still in force.
- Jammu & Kashmir, has its own Right to Information Act of 2009
- Under the provisions of the Act, any citizen may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days.
- It is applicable to all constitutional authorities, including the executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature.
- It is applicable to all bodies "owned, controlled or substantially financed" by government, or non-Government organizations "substantially financed, directly or indirectly by funds" provided by the government are also covered in it.
- BACKGROUND:
- Disclosure of State information in British India was (and is) governed from 1889 by the Official Secrets Act.
- Freedom of Information Act 2002 were passed. However, it was severely criticized for permitting too many exemptions, not only under the standard grounds of national security and sovereignty, but also for requests that would involve "disproportionate diversion of the resources of a public authority".
- The formal recognition of a legal right to information in India occurred more than two decades before legislation was finally enacted, when the Supreme Court of India ruled in State of U.P. v. Raj Narain that the right to information is implicit in the right to freedom of speech and expression explicitly guaranteed in Article 19 of the Indian Constitution.
- Under the Act, all authorities covered must appoint their Public Information Officer (PIO).
- Any person may submit a request to the PIO for information in writing.
- It is the PIO's obligation to provide information to citizens of India who request information under the Act.
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- The Act empowers every citizen to:
- Ask any questions from the Government or seek any information.
- Take copies of any governmental documents.
- Inspect any governmental documents.
- Inspect any Governmental works.
- Take samples of materials of any Governmental work.
- RTInation is an online system which, for a fee, facilitates the filing of RTI applications online. It primarily aims at minimizing time taken and effort required in filing an application.
- The Act allows those part(s) of the record which are not exempt from disclosure and which can reasonably be severed from parts containing exempt information to be provided.
- Following Departments are exempted from RTI:
- Central Intelligence and Security agencies specified in the Second Schedule like IB,Directorate General of Income tax(Investigation), RAW, CBI, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police.
- Agencies specified by the State Governments through a Notification will also be excluded.
- The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights violation could be given but only with the approval of the Central or State Information Commission
- The following is exempt from disclosure:
- Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, "strategic, scientific or economic" interests of the State, relation with foreign State or lead to incitement of an offense;
- Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
- Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
- Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
- Information received in confidence from foreign Government;
- Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
- Information which would impede the process of investigation or apprehension or prosecution of offenders;
- Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;
- Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual
- The Central Government, State Governments and the Competent Authorities as defined in S.2(e) are vested with powers to make rules to carry out the provisions of the Right to Information Act, 2005.
